Moon v. Gulf Fish Co.
Court of Appeals of Georgia
Complaint; from city court of Atlanta — Judge Reid. October 30, 1915. The petition states that A. M. Moon, the defendant, “is in possession of certain personal property, a statement of which is hereto attached, of the value of . . $114.99, to which . . petitioner claim title,” and that the defendant refuses to deliver the above-described property to petitioner or pay him the profits thereof; wherefore petitioner prays that process may issue, etc.
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Complaint; from city court of Atlanta — Judge Reid. October 30, 1915. The petition states that A. M. Moon, the defendant, “is in possession of certain personal property, a statement of which is hereto attached, of the value of . . $114.99, to which . . petitioner claim title,” and that the defendant refuses to deliver the above-described property to petitioner or pay him the profits thereof; wherefore petitioner prays that process may issue, etc. The attached statement, referred to in the petition, and which by amendment was subsituted for the original description, is in the form of an…
1Opinion of the CourtBroyles, J.
1. Where personal property is sold upon the express condition that the sale is for cash and that no credit is to be extended, but that the defendant is to have three or four days after delivery to cheek and examine the shipment and, if correct, to remit for it,, and, if not correct, to return it immediately, and the property is delivered ,on faith that the condition will be immediately performed, and performance is refused upon demand in a .reasonable time, or the property is actually converted by the purchaser, no title passes to him, and trover will lie to recover the goods or their…
2Cases cited4 opinions
- Loveless v. FowlerSupreme Court of Georgia · 1887
- Bergan v. Magnus & Co.Supreme Court of Georgia · 1896
- Starnes v. RobertsSupreme Court of Georgia · 1907
- Wilson & Wallace v. ComerSupreme Court of Georgia · 1906
3Cited by4 opinions
- Morris & Co. v. Walker Bros.Court of Appeals of Georgia · 1923
- Sovereign Camp Woodmen of the World v. McDanielCourt of Appeals of Georgia · 1917
- Collins v. Strickland Bros.Court of Appeals of Georgia · 1918
- Waller v. StateCourt of Appeals of Georgia · 1919